Joe Biden Does Something Good On Drug Policy

I've taken swings at Joe Biden a coupletimes in The Speakeasy, so I'm very pleased to see this:

In a press release that does not seem to be available online, the American Civil Liberties Union praises Sen. Joseph Biden (D-Del.), historically one of the most gung-ho drug warriors in the Democratic Party, for introducing a bill that would eliminate the sentencing disparity between crack and cocaine powder. Previous proposals would have merely reduced the disparity, in some cases by making cocaine powder sentences more severe. By contrast, Biden's bill would raises the amount of crack that triggers a five-year mandatory minimum sentence to 500 grams, the same as the amount for cocaine powder. [reason]

The current sentencing disparity between the two forms of cocaine is based on false notions and old logic. The bottom line is that there is no scientific justification for any disparity. Crack and powder are simply two forms of the same drug, and each form produces identical effects. I will soon be introducing legislation that eliminates the sentencing disparity completely, fixing this injustice once and for all.

Coming from a man whose drug war credentials include authoring the RAVE Act and creating ONDCP, this is an exciting surprise. While many consider fixing the crack/powder sentencing disparity a no-brainer, reducing federal drug sentences is certainly a bold move for Biden.

He's running for president right now, so Biden's willingness to challenge a drug war injustice suggests a shifting perception of the political implications of U.S. drug policy. As obviously flawed as the sentencing disparity is, it's not really that much more palatable than any number of other issues we're working on. If Biden can recognize this problem, there's much more he could potentially come to understand.

(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Have you seen anything in print yet that says he'll do this by changing crack guidelines to match powder, and not the other way around (other than the statement at Hit and Run)?

I've no particular reason to doubt -- I'm just hesitant to cheer too loudly for Biden yet. I'd like to see the actual bill. Other than quoting the sentencing commission with no real comment, I've seen nothing on Biden's referenced page that specifies that he'll raise the 5-year crack trigger to 500 grams.

There are two bills already in the house. HR 460 and HR 79. How long is it going to take for these bills to pass? Dealers get sentenced everyday. Are they planning on making this retroactive? Probably not, and they will take there time passing it, since similar bills were introduced in the 108th and 109th and nothing was ever passed. I am starting to lose faith in our system. Its ok for this happen every day but its not ok for Libby to get a 33 month sentence?